Cranston v. Oxford Resources Corp.
| Decision Date | 31 May 1991 |
| Citation | 571 N.Y.S.2d 733,173 A.D.2d 757 |
| Parties | Catherine CRANSTON, Respondent, v. OXFORD RESOURCES CORP., et al., Appellants. |
| Court | New York Supreme Court — Appellate Division |
Fogarty & Fogarty, P.C., Mineola (Waxman, Miller & Trautwig, P.C. [Michael Majewski], of counsel), for appellant Oxford Resources Corp.
Composto & Longo, Brooklyn (Joseph D. Ahearn, of counsel), for appellant Esther Dancour.
Sullivan & Liapakis, P.C., New York City (Pamela Anagnos Liapakis, Nicholas Papain and Cheryl Eisberg Moin, of counsel), for respondent.
Before BRACKEN, J.P., and BROWN, O'BRIEN and RITTER, JJ.
MEMORANDUM BY THE COURT.
In a negligence action to recover damages for personal injuries, the defendants separately appeal from (1) a judgment of the Supreme Court, Kings County (Cohen, J.), entered July 29, 1988, and (2) so much of an amended judgment of the same court, entered November 9, 1988, as, upon a jury verdict, is in favor of the plaintiff and against them in the principal sum of $1,526,500, and Esther Dancour further appeals from so much of the amended judgment as is in favor of Oxford Resources Corp. and against her on its cross claim for the full amount of the plaintiff's recovery.
ORDERED that the plaintiff is awarded one bill of costs, payable by the defendants.
On July 17, 1985, at approximately 5:30 P.M., the 22-year-old plaintiff was involved in an accident when a car, driven by the defendant Esther Dancour, collided with the plaintiff as she peddled her bicycle across Avenue U in Brooklyn, New York. The plaintiff sustained severe injuries to her right leg. The plaintiff commenced this action against Esther Dancour, the driver of the car, and Oxford Resources Corp. (hereinafter Oxford), the company which owned the car.
The jury found Esther Dancour 100% at fault in the happening of the accident, and returned the following verdict on damages: $500,000 for past pain and suffering, $350,000 for future pain and suffering, $51,000 for past lost earnings, and $625,500 for future lost earnings. Both Esther Dancour and Oxford appeal from this judgment.
The defendants contend that the jury's verdict for lost earnings (past and future) cannot stand since it is based entirely on speculation. The record reveals that the plaintiff had taken the necessary steps toward joining the New York City Police Department prior to the accident and that the jury's verdict is based upon this information. The evidence presented showed that the plaintiff had passed the medical, written and psychological examinations given by the police department and was tentatively scheduled to enter the January 1986 class at the Police Academy. The accident occurred subsequent to the plaintiff's passing of these examinations but prior to the final "mini-medical" examination. This final medical examination was the last step before admission into the Police Academy upon which admission the applicant is placed on the police department's payroll. Due to the injuries the plaintiff received in the accident, the plaintiff was found medically unfit at this "mini medical" examination. Given the fact that the plaintiff had taken all of the steps necessary to become a police officer, we find that the jury's verdict concerning...
To continue reading
Request your trial
-
Sales v. Republic of Uganda, 90 Civ. 3972 (CSH).
...for future pain and suffering. See, e.g., Chung v. New York City Transit Auth., 583 N.Y.S.2d at 477; Cranston v. Oxford Resources Corp., 173 A.D.2d 757, 571 N.Y.S.2d 733 (2d Dep't), appeal denied, 78 N.Y.2d 860, 576 N.Y.S.2d 219, 582 N.E.2d 602 (1991). Carol Sales Co-plaintiff Carol Sales r......
-
Liberty Mut. Ins. Co. v. Aetna Cas. & Sur. Co.
...a judgment for full indemnification over against Mrs. Dancour, the sole active tortfeasor (see Cranston v. Oxford Resources Corp., 173 A.D.2d 757, 571 N.Y.S.2d 733 [decided herewith]. Mrs. Dancour's employer, Manny's Kiddie Shop (hereinafter Manny's) was not a party to the Cranston In the p......
-
Bunt v. Altec Industries, Inc.
...overall sixty one percent (61%) permanent disability. Id. at 293, 579 N.Y.S.2d 790. The plaintiff in Cranston v. Oxford Resources Corp., 173 A.D.2d 757, 571 N.Y.S.2d 733 (2d Dep't 1991), after being struck by a car was awarded approximately One Million Five Hundred Thousand Dollars ($1,500,......
-
Mazyck v. Long Island R. Co.(LIRR), 88-CV-1855 (JS).
...pain and suffering to be excessive, and ordered it reduced to $600,000. See id. 554 N.Y.S.2d at 117. In Cranston v. Oxford Resources Corp., 173 A.D.2d 757, 571 N.Y.S.2d 733 (2d Dep't), leave to appeal denied, 78 N.Y.2d 860, 576 N.Y.S.2d 219, 582 N.E.2d 602 (1991), the plaintiff suffered a f......